Disclaimer / Terms of Use

Terms of Use Agreement

This website is provided by KDC and its affiliates (collectively “KDC”). Please review the following terms carefully. The terms KDC, “us,” “we,” or “our” refers to KDC, the owner of the website. The term “you” refers to the user or viewer of our website.

Acceptance of Agreement

By accessing the KDC website (the “Site”), you are indicating your acknowledgement and acceptance of this Terms of Use Agreement (the “Agreement”). These Terms of Use are subject to change by KDC at any time at its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult these Terms of Use regularly.

The Agreement constitutes the entire and only agreement between you and KDC and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, and the subject matter of this Agreement.

Intellectual Property

You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted, and may not be used except as provided in these Terms of Use or with the written permission of KDC. Nothing posted on this Site grants a license to any KDC trademarks, copyrights or other intellectual property rights, whether by implication, estoppel or otherwise.

KDC owns various service marks and trademarks (collectively “KDC’s Marks”) displayed on the Site—whether federally registered or common law. Unless otherwise specified, KDC does grant you any licenses to display, copy, sell under, or otherwise use KDC’s Marks. Other products and company names mentioned on the Site may be trademarks of their respective owners. KDC does not convey any rights to

All material included on the Site, and any other website owned, operated, licensed or controlled by KDC, such as text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, compilations, designs, magnetic translations and storage, digital conversions, and software (collectively the “Content”) is the property of KDC, its subsidiaries, affiliated companies and/or third-party licensors and is protected by United States and international copyright, trademark, or other intellectual property and property laws.

Restrictions and Prohibited on Use

The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of KDC, except that:

1. Monitor, gather or copy any Content on this Site by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.
2. Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout).
3. Engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party.
4. Attempt to circumvent the security systems of the Site.
5. Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any KDC server.
6. Attempt to use the Site for any purposes other than those intended by KDC, as determined by KDC in its sole discretion.
7. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
8. Engage in any activity that interferes with a user’s access to this Site or the proper operation of this Site. You also agree that, in using this Site, you will not impersonate any person or entity.
9. Access the Site or use any of Content to interfere with any of KDC’s business or commercial interests.

The Content and the functionality of the Site may be updated or changed at any time without prior notice. In addition, if KDC becomes aware that you are copying, modifying or distributing the Content of the Site other than for the permitted uses of the Site, KDC reserves the right to revoke your right to these permitted uses and my pursue legal remedies against you. Such legal remedies may include damages, injunctions, and other specific performance.

Proprietary Information Consent

If you wish to use material contained on this Site other than for your individual review and individual educational purposes, and the copyright owner of such material is held by a third party, then you must secure the permission of such third party in order to use such material. If you wish to download and use any information contained in this Site other than for your individual review and individual educational purposes or in connection with your customer relationship or potential customer relationship with KDC, send a request with your proposed use to the webmaster of the Site so that the webmaster may evaluate your proposed use of KDC’s Site Content.

If the webmaster approves your request to use KDC’s Site Content, you are granted permission to view, use, reproduce, copy and distribute documents within KDC’s Site for the sole purposes specified in your Request form. You agree to all terms below:

1. Not to modify the documents, publications or graphics.
2. Not to quote materials out of context.
3. To retain and display the copyright notice of KDC on such Content

KDC shall have the right to monitor use of this Site to determine compliance with these Terms of Use and revoke its consent at any time. Upon revocation, you shall immediately cease any further use of the KDC Site Content. The foregoing consent does not include permission to copy the design elements, look and feel or layout of KDC’s Site, unless such permission is expressly provided by KDC. Subject to the further terms set forth above, you assume all risks concerning the suitability and accuracy of the information within KDC’s Site.

Disclaimer

KDC cannot guarantee that the Site or its content is error free and KDC makes no representations about the technical accuracy or functionality of the Site or that the Content is accurate, error free or up to date.

THIS SITE IS PROVIDED BY KDC ON AN “AS IS” AND “AS AVAILABLE” BASIS. KDC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. KDC DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE, UP TO DATE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND KDC MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT KDC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. KDC MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

Limitation of Liability

Neither KDC, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site or the operation of the Site or failure of the Site to operate. In no event shall KDC be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if KDC has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this agreement and the parties acknowledge that KDC would not grant access to the Site without your agreement to this term.

Totality of Agreement

This Agreement shall constitute the complete

Limited License; Permitted Uses

You are granted a non-exclusive, non-transferable, revocable license to: (a) to access and use the Site strictly in accordance with the Agreement; (b) use the Site solely for internal, personal, noncommercial purposes; and (c) print out discrete information from the Site solely for internal, personal, noncommercial purposes, provided that you maintain adhere to all the policies contained herein. No printout or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Governing Law

You agree that your use of this Site, this Agreement and any disputes relating thereto shall be governed in all respects by the laws and jurisdiction of Texas.